State v. Irwin

Summary

The North Dakota Supreme Court affirmed the denial of Craig Allen Irwin’s motion to withdraw his guilty plea to a fifth DUI offense within seven years. The court held that prior DUI convictions could support the enhanced offense level even though one conviction was entered after the subsequent DUI conduct, and that withdrawal was not necessary to correct a manifest injustice. The court also rejected Irwin’s argument that the DUI statute was an unconstitutional bill of attainder.

Holdings

1. After a court accepts a guilty plea and imposes sentence, withdrawal is permitted only when the motion is timely and withdrawal is necessary to correct a manifest injustice. The district court did not abuse its discretion in finding no manifest injustice because Irwin had four prior DUI convictions within the relevant seven-year period when the Morton County plea was accepted.
2. The district court did not abuse its discretion in rejecting Irwin's bill-of-attainder argument and denying withdrawal of the guilty plea because Irwin was not punished without the benefit of a trial; he pleaded guilty to both DUI charges and thereby waived his right to trial.

Questions Presented

1. Whether withdrawal of Irwin's guilty plea was necessary to correct a manifest injustice because his fourth DUI conviction had not been entered when he committed the Morton County DUI.
2. Whether N.D.C.C. § 39-08-01 constituted an unconstitutional bill of attainder by allowing Irwin to be convicted of a fifth DUI offense in seven years.

Disposition

affirmed